Introduction
1.1 Secure Packaging Solutions (“the Company”) provides packaging products and solutions through our website and services. By accessing or using our services, you (“Customer”, “you”, or “your”) agree to comply with and be bound by these Terms and Conditions.
1.2 These Terms and Conditions may be updated or revised periodically, and any changes will be effective immediately upon posting. You are encouraged to review the Company’s website regularly to stay informed of any modifications.
Definitions
"Company" or "we" refers to Secure Packaging Solutions, the supplier of products and services.
"Customer" refers to the individual or business entity purchasing products and services from Secure Packaging Solutions.
"Product(s)" refers to the packaging products and services offered by Secure Packaging Solutions.
"Order" refers to the request made by the Customer to purchase products or services from the Company.
"Agreement" refers to the terms and conditions outlined in this document, forming a binding contract between the Customer and Company.
Orders and Acceptance
3.1 Order Process
An order is deemed accepted once the Customer receives an order confirmation from the Company. The Company reserves the right to reject any order in part or in full, subject to stock availability, credit checks, or other conditions.
3.2 Modification or Cancellation
Orders can be modified or cancelled prior to shipping with written approval from the Company. Once an order has shipped, it is subject to the Company’s returns policy (Section 7).
Pricing
and Payment
4.1 Pricing
All prices for products are in AUD, excluding applicable taxes and delivery charges unless specified otherwise. Prices are subject to change at the discretion of the Company due to market fluctuations or other factors. For customers with active accounts, notification of price changes will be provided in advance. For one-time or infrequent customers, the Company will make reasonable efforts to notify them of any price changes prior to new transactions, but notification is not guaranteed. These changes will not affect orders already confirmed unless otherwise agreed upon.
4.2 Payment
For customers not on credit terms, payment must be made before shipping unless otherwise agreed upon. Accepted payment methods include Bank Transfer or Credit/Debit Card. The Customer is responsible for any additional fees associated with their chosen payment method.
4.3 Payment Terms and Credit Policy
For customers on credit terms, payment must be made in accordance with the agreed-upon credit terms, typically net 30 days from the invoice date, unless otherwise specified in writing. A credit check may be required for approval. Payments made after the due date will incur a 1.5% late fee for each month overdue. The Company reserves the right to review and adjust credit terms at any time, depending on the Customer's payment history and creditworthiness.
GST & Taxation
5.1 Terms used in this clause have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
5.2 Unless expressly stated otherwise, all prices and amounts payable under these Terms and Conditions or any Contract exclude GST.
5.3 If a taxable supply is made under these Terms and Conditions, the Customer must pay to the Company an additional amount equal to the GST payable, provided a valid tax invoice is issued. Payment must be made at the same time as the taxable supply.
5.4 If these Terms and Conditions require a Party to reimburse or pay an expense incurred by another Party, the amount payable will be net of any input tax credits to which the other Party is entitled.
5.5 If GST applies to a foreign currency transaction, the GST amount will be converted into Australian dollars in accordance with the Australian Taxation Office’s rulings on foreign exchange conversions. The invoice must specify the conversion rate and date used.
Shipping and Delivery
6.1 Delivery Times
The Company will make every effort to ensure timely delivery of the Products. Delivery times are estimates and may vary based on location, availability, and other factors. The Company does not guarantee delivery on a specific date.
6.2 Shipping Charges
Shipping charges are calculated based on the delivery method and the total weight of the order. The final shipping cost will be provided at the time of order confirmation. The Customer is responsible for all shipping costs unless otherwise agreed in writing.
6.3 Risk and Ownership
Risk of loss or damage to Products passes to the Customer upon delivery. Ownership of the Products transfers to the Customer only upon full payment of the issued invoice. The Company is not liable for delays caused by shipping carriers, weather, or other unforeseen events.
Returns
and Refunds
7.1 Returns
Products may be returned within 14 days from the date of delivery, provided they are in their original, unused, and unopened condition. Custom orders are non-returnable unless defective. Any returns must be authorised by the Company before being shipped back. Restocking fees may apply.
7.2 Refunds
Refunds will be processed to the original payment method within 5-7 business days of receiving the returned items. Shipping fees are non-refundable unless the return is due to a defect or an error on the Company’s part.
Warranties and Liability
8.1 Warranties
The Company does not offer warranties on standard packaging products. Custom orders or specialty products may have specific warranty terms as communicated at the time of purchase.
8.2 Limitation of Liability
To the fullest extent permitted by law, the Company is not liable for any indirect, incidental, or consequential damages arising from the use of our Products. Where permitted under Australian Consumer Law, our liability is limited to, at our discretion, repair, replacement, or refund of the defective product. The Company is not responsible for any loss, injury, or damage resulting from misuse or improper handling of our Products.
Confidentiality
and Data Protection
9.1 Confidentiality
Both parties agree to maintain the confidentiality of all proprietary, sensitive, or commercially valuable information shared during this Agreement. Confidential information includes, but is not limited to, pricing, product specifications, trade secrets, and business operations. Neither party shall disclose such information to third parties without prior written consent, except where required by law. Any unauthorised disclosure may result in legal or financial consequences.
9.2 Data Protection
The Company is committed to protecting the privacy and security of the Customer’s personal and business information. All personal data is handled in accordance with our Privacy Policy and complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). By using our services, the Customer agrees to the collection, use, and disclosure of personal information as outlined in our Privacy Policy. For full details, please refer to our Privacy Policy.
Intellectual Property
10.1 Ownership of Content
All intellectual property rights, including trademarks, designs, logos, and product content on our website and in our Products, are owned by the Company or licensed to us.
10.2 License
By using the Company’s website or purchasing Products, you are granted a limited, non-transferable license to use the product for its intended purpose, subject to these Terms and Conditions.
Force
Majeure
11.1 Definition
Neither party will be liable for any delay or failure in performance of their obligations under these Terms and Conditions if such delay is caused by circumstances beyond their control, including but not limited to natural disasters, strikes, or governmental actions.
Termination
12.1 Termination by Customer
The Customer may terminate their agreement with Secure Packaging Solutions by providing written notice at least 30 days in advance, in accordance with the terms set out in this Agreement. Termination will be subject to the settlement of any outstanding amounts owed up to the point of termination and may incur a termination fee if specified in the agreement. The Company reserves the right to enforce the full terms of the agreement until the termination is finalised.
12.2 Termination by Company
The Company reserves the right to terminate this Agreement with immediate effect if the Customer materially breaches these Terms and Conditions, including but not limited to failure to make timely payments, violation of applicable laws, or engagement in unethical conduct. In such cases, the Customer remains responsible for any outstanding balances, and the Company may seek compensation for any resulting damages.
For non-material breaches, including late payments, the Company may provide a written notice period of 14 days to allow the Customer to rectify the issue. If the breach is not remedied within this period, the Company reserves the right to terminate the agreement.
Governing
Law and Dispute Resolution
13.1 Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of laws principles. Any disputes arising from or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
13.2 Dispute Resolution
In the event of a dispute, both parties agree to first attempt to resolve the matter through informal negotiations. If a resolution cannot be reached, the parties agree to submit to mediation or arbitration before pursuing any legal action.
General Provisions
14.1 Amendments
The Company may amend these Terms and Conditions from time to time. Any changes will be posted on our website, and the updated version will be effective immediately upon posting.
14.2 Severability
If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions will continue in full force.
14.3 Entire Agreement
This Agreement constitutes the entire understanding between the parties, superseding all prior agreements.
14.4 Waiver
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision or any other part of this Agreement.